Politics Eric Swalwell's Lawsuit Against Trump Has 'Mind-Boggling' Implications, Says Alan Dershowitz
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Famed attorney Alan Dershowitz called Democratic Representative Eric Swalwell's lawsuit againsta "political stunt" with "mind-boggling implications."
Speaking to Newsmax in a video shared toon Saturday, Dershowitz likened the lawsuit to "suing God for writing the Bible."
"It certainly is a political stunt, the implications of it are mind-boggling. That means you can suefor any violence that ensued from their platform," he said.
House impeachment manager Eric Swalwell sues Trump, Giuliani for inciting Capitol riot
Swalwell's suit accuses Trump, Donald Trump Jr., Rudy Giuliani and GOP Rep. Mo Brooks of being "wholly responsible" for the deadly Capitol invasion. © Provided by CNBC Impeachment manager Rep. Eric Swalwell, D-Calif., is seen during a break on the third day of the impeachment trial of former President Donald Trump on Thursday, February 11, 2021. Rep. Eric Swalwell, one of the House prosecutors during Donald Trump's second impeachment trial, filed a lawsuit Friday against the former president for inciting the Jan. 6 invasion of the U.S. Capitol. The civil lawsuit from Swalwell, D-Calif.
.@AlanDersh tells @CarlHigbie "it is certainly is a political stunt, the implications of it are mind-boggling" referring to Eric Swalwell's lawsuit against Trump. https://t.co/VlT7z8drtO pic.twitter.com/lHWnUkxfzH— Newsmax (@newsmax) March 6, 2021
"I guess the final implication is you can sue God for writing the Bible, because the Bible led to the crusades and other violence. And you could sue Imam's for making speeches in churches and in mosques and synagogues," he added.
Dershowitz's comments come after Swalwell, a California congressman,against Trump, Donald Trump Jr., and Congressman Mo Brooks (R-AL), for inciting the January 6 riot at the U.S. Capitol.
The civil lawsuit was filed in federal court in Washington, D.C., and accused Trump and his allies of "inciting an attack against the Capitol that terrorized lawmakers and prevented us from doing our jobs of certifying the votes of the American people."
Second lawsuit filed against Trump over Jan. 6 Capitol riot
Rep. Swalwell is trying to make the same arguments made during the impeachment to win a civil lawsuit.Rep. Eric Swalwell, a Democrat from California, accused Trump, Donald Trump Jr, Rudolph Giuliani, and Rep. Mo Brooks, R-Ala., of violating federal civil rights laws and local incitement laws. All spoke at a rally near the White House on January 6 before members of the crowd moved on to the Capitol.
In the lawsuit, Swalwell alleges that Trump, Trump Jr., Giuliani and Brooks prompted the violent siege with their repeated claims of voter fraud, their encouragement that supporters come to D.C. on January 6, and through their speeches that day.
"Trump directly incited the violence at the Capitol that followed and then watched approvingly as the building was overrun," the lawsuit read. "The horrific events of January 6 were a direct and foreseeable consequence of the Defendants' unlawful actions. As such, the Defendants are responsible for the injury and destruction that followed."
The violence on January 6 – which left five people dead and several others injured – ultimately led to Trump's impeachment by the House of Representatives. Swalwell was one of the House impeachment managers who argued against the former president.
But Trump was ultimately, with seven joining in voting to convict him.
United States. Donald Trump targeted by a new complaint for the attack on the Capitol
© REUTERS In a long speech in front of the White House, Donald Trump had that day launched to the thousands of demonstrators: "Fight like devils!" A new complaint against Donald Trump was filed on Friday by an elected Democrat for inciting "an attack on Capitol Hill". An elected Democrat from the US Congress filed a complaint on Friday against Donald Trump , the second against the ex-president for having "incited an attack on the Capitol" , committed by his supporters on January 6.
Swalwell's lawsuit comes after a similar motion was filed last month byalleging that Trump incited the assault in violation of the Ku Klux Klan Act, a Reconstruction-era statute prohibiting interference with ' constitutional duties.
In the interview with Newsmax, Dershowitz said Swalwell's lawsuit was just "political theater" that wouldn't get past a motion to dismiss.
"This suit will be thrown out on First Amendment grounds, it shouldn't get past a motion to dismiss. It is just political theater, but it endangers our First Amendment just to have the lawsuit brought," he said.
In response to the lawsuit, Trump advisor Jason Miller said Swalwell had "no credibility," and was attacking Trump with "yet another witch hunt,"
Similarly, a comment from Brooks shared with Newsweek on Friday called Swalwell's lawsuit a "meritless ploy."
"Under no circumstances will Swalwell, or any other Socialist, stop me from fighting for America," Brooks said.
Did Eric Swalwell offer vindication for Donald Trump with his lawsuit?
His new case bolsters the defense of the former leader.Swalwell's complaint against Trump - along with son Donald Trump Jr., Rudy Giuliani, and Rep. Mo Brooks (R-Ala.) - alleges nine counts for relief, from negligent emotional distress suffered by Swalwell to negligence in the "incitement to riot." One might think this would be a lead-pipe cinch of a case. After all, an array of legal experts has insisted for months that this was clear criminal incitement, not an exercise of free speech. As a civil lawsuit, it should be even easier to win, since the standard of proof is lower for civil cases.
Newsweek contacted Trump and Swalwell for additional comment, but did not hear back in time for publication.
House GOP leader tries to kick Democrat off House Intelligence Committee .
McCarthy slammed Rep. Eric Swalwell for previous interactions with an alleged Chinese spy, though Swalwell says he cut off contact after being told who she was."Pelosi just reappointed Eric Swalwell to the Intelligence Committee. Based on the briefing she and I received together, Swalwell should not be on the panel in charge of guarding our nation's secrets," McCarthy said in a tweet.